,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fjhh ,,in ,,the ,,house ,,of ,,representatives ,march #d1 #bjbj,mr4 ,lynch 7for himself1 ,mr4 ,de,saulnier1 ,mr4 ,welch1 and ,mr4 ,cooper7 introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to amend the ,federal ,election ,campaign ,act of #aiga to prohibit the distribution of materially deceptive audio or visual media prior to an election for ,federal office1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,deepfakes in ,federal ,elections ,prohibition ,act4 #b4 ,prohibition on distribution of materially deceptive audio or visual media prior to election 7a7 ,in general ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by adding at the end the following new section3 #cbe4 ,prohibition on distribution of materially deceptive media prior to election 7a7 ,in general ,except as provided in subsections 7b7 and 7c71 a person1 political committee1 or other entity shall not1 within #fj days of a election for ,federal office at which a candidate for elective office will appear on the ballot1 distribute1 with actual malice1 materially deceptive audio or visual media of the candidate with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate4 7b7 ,exception 7#a7 ,required language ,the prohibition in subsection 7a7 does not apply if the audio or visual media includes-- 7,a7 a disclosure stating3 8,this has been manipulated402 and 7,b7 filled in the blank in the disclosure under subparagraph 7,a71 the term image1 video1 or audio1 as most accurately describes the media4 7#b7 ,visual media ,for visual media1 the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media4 ,if the visual media does not include any other text1 the disclosure shall appear in a size that is easily readable by the average viewer4 ,for visual media that is video1 the disclosure shall appear for the duration of the video4 7#c7 ,audio-only media ,if the media consists of audio only1 the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener1 at the beginning of the audio1 at the end of the audio1 and1 if the audio is greater than two minutes in length1 interspersed within the audio at intervals of not greater than two minutes each4 7c7 ,inapplicability to certain entities ,this section does not apply to the following3 7#a7 ,a radio or television broadcasting station1 including a cable or satellite television operator1 programmer1 or producer1 that broadcasts materially deceptive audio or visual media prohibited by this section as part of a bona fide newscast1 news interview1 news documentary1 or on-the-spot coverage of bona fide news events1 if the broadcast clearly acknowledges through content or a disclosure1 in a manner that can be easily heard or read by the average listener or viewer1 that there are questions about the authenticity of the materially deceptive audio or visual media4 7#b7 ,a radio or television broadcasting station1 including a cable or satellite television operator1 programmer1 or producer1 when it is paid to broadcast materially deceptive audio or visual media4 7#c7 ,an internet website1 or a regularly published newspaper1 magazine1 or other periodical of general circulation1 including an internet or electronic publication1 that routinely carries news and commentary of general interest1 and that publishes materially deceptive audio or visual media prohibited by this section1 if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate4 7#d7 ,materially deceptive audio or visual media that constitutes satire or parody4 7d7 ,civil action 7#a7 ,injunctive or other equitable relief ,a candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may seek injunctive or other equitable relief prohibiting the distribution of audio or visual media in violation of this section4 ,an action under this paragraph shall be entitled to precedence in accordance with the ,federal ,rules of ,civil ,procedure4 7#b7 ,damages ,a candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may bring an action for general or special damages against the person1 committee1 or other entity that distributed the materially deceptive audio or visual media4 ,the court may also award a prevailing party reasonable attorney's fees and costs4 ,this paragraph shall not be construed to limit or preclude a plaintiff from securing or recovering any other available remedy4 7#c7 ,burden of proof ,in any civil action alleging a violation of this section1 the plaintiff shall bear the burden of establishing the violation through clear and convincing evidence4 7e7 ,rule of construction ,this section shall not be construed to alter or negate any rights1 obligations1 or immunities of an interactive service provider under section #bcj of title #dg1 ,united ,states ,code4 7f7 ,materially deceptive audio or visual media defined ,in this section1 the term materially deceptive audio or visual media means an image or an audio or video recording of a candidate's appearance1 speech1 or conduct that has been intentionally manipulated in a manner such that both of the following conditions are met3 7#a7 ,the image or audio or video recording would falsely appear to a reasonable person to be authentic4 7#b7 ,the image or audio or video recording would cause a reasonable person to have a fundamentally different understanding or impression of the expressive content of the image or audio or video recording than that person would have if the person were hearing or seeing the unaltered1 original version of the image or audio or video recording4 4 7b7 ,criminal penalties ,section #cji7;d77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;d77#a77 is amended by adding at the end the following new subparagraph3 7,g7 ,any person who knowingly and willfully commits a violation of section #cbe shall be fined not more than #ajj1jjj1 imprisoned not more than #e years1 or both4 4 7c7 ,effect on defamation action ,for purposes of an action for defamation1 a violation of section #cbe of the ,federal ,election ,campaign ,act of #aiga1 as added by subsection 7a71 shall constitute defamation per se4